If my husband and I are legally separated and he inquired credit card debt, is it still considered community property?
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If my husband and I are legally separated and he inquired credit card debt, is it still considered community property?
My husband cannot control his spending and uses his credit cards like it is money in the bank. I am exploring how I can protect myself from his bad habits. He hides the debt from me and refuses to discuss it. His view is it is non of my business, despite me explaining community property laws to him numerous times and despite me begging with him to stop. I already paid off his debt once 7,000 and now 1 1/2 years later I just learned he has 14,000 in debt. I am trying to consider my options of divorce versus legal separation. If we were to legally separate, would that protect me from his credit card debt or would I still be responsible? We are living in CA.
Asked on July 1, 2019 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you and your husband separate with no intent to reunite, your husband's credit card debt incurred after separation is his separate property. You are not liable for his debt that is separate property. You would still remain liable for his debt incurred during marriage because that is community property.
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